Committee of Adjustment / Comité de dérogation
DECISION MINOR VARIANCE
Date of Decision: October 25, 2024
Panel: 3 - Rural
File No.: D08-02-24/A-00243
Application: Minor Variance under section 45 of the Planning Act
Applicants: Pamela Coburn and Andre Gagnon
Property Address: 5633 South Island Park Drive
Ward: 21 - Rideau-Jock
Legal Description: Part of Lots 14 and 15, Registered Plan 497
Zoning: V1P
Zoning By-law: 2008-250
Hearing Date: October 15, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to convert an existing covered patio into a family room, as shown on plans filed with the Committee.
REQUESTED VARIANCE
2The Applicants require the Committee’s authorization for a minor variance from the Zoning By-law to permit a building to be located 21.70 metres from the normal high-water mark of a watercourse or waterbody (Rideau River) whereas the By-law states, in part, that no building or structure shall be located closer than 30 metres from the normal high-water mark of any watercolour or water body.
PUBLIC HEARING
3The Applicants, Pamela Coburn and Andre Gagnon, and City Planner Luke Teeft were present.
4There were no objections to granting this unopposed application as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
5The Committee has the power to authorize a minor variance from the provisions of the Zoning By-law if, in its opinion, the application meets all four requirements under subsection 45(1) of the Planning Act. It requires consideration of whether the variance is minor, is desirable for the appropriate development or use of the land, building or structure, and whether the general intent and purpose of the Official Plan and the Zoning By-law are maintained.
Evidence
6Evidence considered by the Committee included all oral submissions made at the hearing, as highlighted above, and the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:
- Application and supporting documents, including cover letter, plans, photo of the posted sign, and a sign posting declaration.
- City Planning Report received October 9, 2024, with no concerns.
- Rideau Valley Conservation Authority email dated October 9, 2024, with no objections.
- Hydro Ottawa email dated October 11, 2024, with no comments.
- Ontario Ministry of Transportation email dated October 1, 2024, with no comments.
Effect of Submissions on Decision
7The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
8Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
9The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, highlighting that “[t]he proposed addition does not encroach further into the required setback from the Rideau River.”
10The Committee also notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
11Considering the circumstances, the Committee finds that, because the proposal fits well in the area, the requested variance is, from a planning and public interest point of view, desirable for the appropriate development or use of the land, building or structure on the property, and relative to the neighbouring lands.
12The Committee also finds that the requested variance maintains the general intent and purpose of the Official Plan because the proposal respects the character of the neighbourhood.
13In addition, the Committee finds that the requested variance maintains the general intent and purpose of the Zoning By-law because the proposal represents orderly development that is compatible with the surrounding area.
14Moreover, the Committee finds that the requested variance is minor because it will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
15THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variance, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped September 12, 2024, as they relate to the requested variance.
"Terence Otto"
TERENCE OTTO
VICE-CHAIR
"Gary Duncan"
GARY DUNCAN
MEMBER
"Beth Henderson"
BETH HENDERSON
MEMBER
"Martin Vervoort"
MARTIN VERVOORT
MEMBER
"Jocelyn Chandler"
JOCELYN CHANDLER
MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated October 25, 2024
“Michel Bellemare”
MICHEL BELLEMARE
SECRETARY-TREASURER
NOTICE OF RIGHT TO APPEAL
To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form along with payment must be received by the Secretary-Treasurer of the Committee of Adjustment by November 14, 2024, delivered by email at cofa@ottawa.ca and/or by mail or courier to the following address:
Secretary-Treasurer, Committee of Adjustment,
101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7
The Appeal Form is available on the OLT website at https://olt.gov.on.ca/. The Ontario Land Tribunal has established a filing fee of $400.00 per type of application with an additional filing fee of $25.00 for each secondary application. Payment can be made by certified cheque or money order made payable to the Ontario Minister of Finance, or by credit card. Please indicate on the Appeal Form if you wish to pay by credit card. If you have any questions about the appeal process, please contact the Committee of Adjustment office by calling 613-580-2436 or by email at cofa@ottawa.ca.
Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A “specified person” does not include an individual or a community association.
There are no provisions for the Committee of Adjustment or the Ontario Land Tribunal to extend the statutory deadline to file an appeal. If the deadline is not met, the OLT does not have the authority to hold a hearing to consider your appeal.
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Committee of Adjustment
City of Ottawa
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cofa@ottawa.ca
613-580-2436
Comité de dérogation
Ville d’Ottawa
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cded@ottawa.ca
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